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Publication date: 20.05.2024
The law as a tool for regulating the digital sphere
Introduction
In today's world, digital technologies are intertwined with all areas of life, from personal communication to business and management. The development of the digital space requires states to develop and implement appropriate legislation that would ensure quality, security and protection of user and business rights. In this context, the adoption of the Law of Ukraine "On Digital Content and Digital Services" plays an important role.
Implementation of European standards
On September 16, 2014, Ukraine ratified the Association Agreement with the European Union, which obliges the country to adapt its own legislation to European standards. The Law of Ukraine "On Digital Content and Digital Services", which entered into force in March 2024, should become the implementation into Ukrainian legislation of the Directive of the European Parliament and the Council of the EU on some aspects related to contracts for the supply of digital content and digital services.
Problems and shortcomings
However, despite the fact that the Law should become a tool for harmonizing Ukrainian legislation with European legislation, it contains a number of shortcomings and problems. First, it does not contain references to the Directive itself, which complicates the process of identifying specific regulatory requirements. Secondly, not all key provisions of the Directive were taken into account in the text of the Law. This creates some ambiguity and disagreements in the interpretation of legal norms.
In what cases does the Law not apply?
The law does not apply to all relationships related to the digital sphere, in particular, it is not applicable in the case of:
1.Provision of digital content and/or digital services included in goods with digital elements or interconnected with such goods and provided together with them under the sales contract.
2. Provision of services, except for digital services, in which the electronic form of information submission is used by the performer exclusively as a means of transmitting the results of the provision of such services and/or other data to the consumer.
3. Provision of electronic communication services.
4. Provision of medical, financial and gambling services.
5. Transferring the software or providing access to the software under a free public open source license.
6. Supply of digital content to an unlimited number of persons, except for cases of transmission of digital content that is part of a performance or showing of a certain event by means of signal broadcasting.
7. Provision of digital content by subjects of authority, other administrators of public information in accordance with the Law of Ukraine "On Access to Public Information".
Therefore, the subject of regulation of the Law is not any relationship between the performer and the consumer in the digital sphere, but exclusively the relationship regarding the provision of digital content and/or digital service, which do not fall under the above-mentioned exceptions.You may be interested in the following articles: lawyer consultation, lawyer consultation, analysis of documents, legal analysis of the situation, written consultation, verification of documents by a lawyer, lawyers, documents, lawyer's assistance online, lawyer online, legal opinion, legal opinion of a lawyer, lawyer online
Interaction with other laws
In addition, it is important to analyze the interaction of the Law with other normative legal acts related to the digital sphere. Some provisions of the Law may conflict with other branch laws, which makes it difficult for business entities to fulfill certain legal obligations.
Conclusion
The Law of Ukraine "On Digital Content and Digital Services" is an essential tool for regulating the country's digital sphere. It has the potential to become the foundation for the development of an innovative and competitive digital market. However, in order to achieve this goal, it is necessary to take into account and solve the shortcomings and problems identified in the process of applying the Law. This is the only way to ensure the stability, transparency and effectiveness of the legal environment for the digital development of Ukraine.
